These General Terms govern the use of the educational apps from ELESAPIENS LEARNING & FUN, S.L. , the tax number (CIF) of which is B-86432101 and the registered office of which is at c/ Don Pedro, número 6, 1º exterior, izquierda, 28005, Madrid, and which is listed on the Register of Commerce of Madrid as at 24th April 2012 in volume 29,859, on sheet 143 and on page M-537264, (the 1st entry), which may be accessed at http://www.elesapiens.com.

The existence of these General Usage Terms does not exclude the application of other provisions or conditions governing access to the different apps of ELESAPIENS LEARNING & FUN, S.L.

Users shall read the General Usage Terms of this website.

Use of the ELESAPIENS LEARNING & FUN, S.L. contents requires the knowledge and full acceptance of the legal warnings and the terms in force at any time users access said contents, which terms are specified below.

Users shall use the content exclusively for their own personal purposes while any subsequent usage thereof with the intention of making profit or deriving any benefit, direct or indirectly, is prohibited.

In the event that users do not accept these general terms or the specific terms that govern the use of a particular content intended for users that said company requires, they shall refrain from accessing the contents .

As a general rule, the services and contents offered are available in Spanish and English without prejudice to the possibility – at the discretion of ELESAPIENS – to offer same in other official languages.

ELESAPIENS may modify unilaterally without prior notice the provision, configuration, content and services of this site as well as the usage terms thereof and access to the contents offered and services provided.

RIGHTS AND OBLIGATIONS OF THE USERS

Users are entitled to:

Access the contents and services available as such always taking into account that they purchase a basic license.

BASIC LICENCE

A basic license to Publisher Software allows one (1) classroom administrator and up to thirty (30) student users to use the relevant Publisher Software for one (1) calendar year from the download date of that Publisher Software (a "Basic License," and such license term, the "License Term").

ADD-ON SEATS

If you have purchased a Basic License, during the License Term for such Basic License, you may purchase add-on seats for additional individual students above the thirty (30) student seats allowed under the Basic License (each, an "Add-on Seat"). The Add-on Seat allows the added student user to use the applicable Publisher Software until the end of the then-current License Term. The price for each Add-on Seat will be pro-rated based on the price of the Basic License, according to the number of Add-on Seats added and the amount of time remaining in the License Term at the time the Add-on Seats are added. For example, if the Basic License to Publisher Software costs $3, and six (6) months of the License Term have passed, then a single Add-On Seat for that Publisher Software will cost five (5) cents (Basic License fee of $3 ÷ 30 students = $0.10 per student annually, or $0.05 per student for the remaining 6 month period of the License Term).

Use the services and contents available solely for personal purposes.

Make correct and lawful use of the contents in accordance with the laws currently in force, moral, good practices and public order.

Should we request signing-up information from users, they shall provide truthful, accurate, up-to-date and complete information. They shall update their signing-up information to keep it current, accurate and complete. Should they be sent a password, they shall not disclose it to anybody else. Users shall not use other people's passwords and they shall be responsible for keeping their accounts and passwords confidential. Users accept to notify us immediately about any unauthorised use of their passwords, accounts or any other security breach. They also undertake to close their account sessions at the end of each session. We shall not be liable for any loss or damage deriving from their failure to comply with these requirements.

Users may not undertake any action that involves the reproduction, distribution, copying, hiring out, public communication, conversion or any other similar action that might give rise to the modification or alteration to all or part of the contents or the economic operating thereof without prior written authorisation from ELESAPIENS or third party proprietors of intellectual and industrial property rights over the services or contents except where provided for hereunder or, if applicable, under the specific terms governing the use of a service and/or content existing on the website.

Without limiting the foregoing, users undertake not to use our contents to do the following:

Use the trademark, commercial names or any other distinctive sign that is subject to intellectual or industrial property rights without prior express written authorisation from the proprietor thereof;

Use the services and contents offered over the site in a manner that is contrary to the general usage terms and/or the specific terms governing the use of a particular service and/or content, or to the detriment of the rights of other users;

Slander, insult, harass, persecute or threaten any persons or in any other manner violate their legal rights;

Send archives that contain viruses, damaged archives or any other similar software, or programs that might damage or negatively affect the working of the computer of another person, a website or any other software or hardware or another computer;

Falsify headers or manipulate identifiers or other data for the purpose of concealing the source of any content transmitted over our website or manipulate its presence on our website;

Undertake any actions that might cause an excessive or disproportionately heavy load on our server or equipment;

Erase or modify in any manner the protection or identification devices of ELESAPIENS or the legitimate owners thereof that might be contained in the contents of this website, or any symbols that ELESAPIENS or legitimate third-party owners of the rights might incorporate into their creations, the subject matter of intellectual or industrial property, existing on this website.

Reproduce totally or partially this website on another different website; users may not create frames of this website or the websites that are accessible herefrom that conceal or modify – by way of illustration but not limitation – contents, advertising spaces or trademarks belonging to ELESAPIENS or third parties, regardless of whether or not they involve acts of unfair competition or confusion.

Be involved in unlawful activities.

You accept the condition of using our forums, community and/or communication or messenger services (jointly, the "Forums") for the sole purpose of sending and receiving messages and information appropriate and relating to a specific forum.

If you select a user name that, in our opinion, is obscene, indecent, insulting or that might cause public discredit or disdain, we reserve the right to automatically change your user name without prior notification, to erase your publications from our webpages and to prohibit your access to our website or any combination of these options.

The use of our official site shall be compliant with the content of these General Terms and any legal provisions applicable thereto.

ELESAPIENS reserves the unilateral right to deny access to the contents to any users that fail to comply with these General Usage Terms.

RIGHTS AND OBLIGATIONS OF ELESAPIENS

ELESAPIENS reserves the following rights.

To modify the terms of access to the contents, whether or not technical, unilaterally and without prior notice to users, without prejudice to the requirements of the specific terms governing the use of a particular service and/or content intended for website users.

To establish specific terms and, if applicable, the requirement of a payment or other requirements to access certain services and/or contents.

To restrict, exclude or make conditional the access of users in the event that all the guarantees of correct usage of the contents by said users are not operative in accordance with the obligations and prohibitions undertaken by said users.

To terminate the provision of a service or supply of content, without indemnification, when the use thereof by users is unlawful or contrary to the requirements of the terms governing same without prejudice to the requirements of the specific terms governing the use of a certain service and/or content intended for website users.

To modify, erase or update all or part of the contents or services offered over this website, without requiring the issuance of prior notice, notwithstanding the requirements of the specific terms governing the use of a certain service and/or content intended for website users.

To take any legal action or institute any proceedings that are appropriate to protect both the rights of ELESAPIENS and third parties that provide their services or contents whenever such action is necessary.

To demand any indemnification that might derive from the improper or unlawful use of all or part of the services and contents provided.

RELEASE AND LIMITATION OF LIABILITY OF ELESAPIENS

ELESAPIENS S.L is released from any type of liability for damages of any kind under the following circumstances:

Due to the impossibility of or difficulties in connecting to the communications network over which this contents may be accessed regardless of the kind of connection used by users.

Due to the interruption, suspension or cancellation of access to the contents as well as reasons of availability and continuity of the functioning of the site or the services and/or contents thereon when this arises from (i) either an interruption of the service for technical maintenance work on the website (ii) or for a reason beyond the control of ELESAPIENS whether this is attributed direct or indirectly to the latter.

ELESAPIENS does not assume any liability for the services and contents, nor for the availability and conditions (technical or otherwise) of access thereto, that are offered by third-party service providers, particularly information society service providers. Information society service providers shall be understood to be any natural persons or legal entities that provide the following services to the public: (i) the transmission over a communications network of data provided by service recipients, (ii) access services to said network, (iii) data storage services, (iv) the supply of contents or information, (v) a temporary copying service of the data requested by users, and/or (vi) the provision of links to contents or search tools.

The processing and subsequent use of personal data undertaken by third parties outside ELESAPIENS as well as the relevance of the information requested by said parties.

The quality and velocity of access to the site and the technical conditions users must have to be able to access the site and its services and/or contents.

ELESAPIENS shall not be liable for any delays or failures that might occur in the access to and/or functioning of the services and/or contents of the website due to a circumstance of force majeure. "A circumstance of force majeure" shall be any circumstances that cannot be anticipated or even though anticipated are inevitable and that give rise to the failure to perform any of its obligations. These circumstances include, but not by way of limitation, strikes on the part of both its own workers and third-party workers, uprisings or riots as well as laws dictated by any civil or military authority, natural catastrophes, such as earthquakes, flooding, lightening or fires, wars, lockouts or any other circumstance of force majeure.

Users shall be personally liable for any kind of damage caused to ELESAPIENS, direct or indirectly, for failure to comply with any of the obligations deriving from these general terms or other regulations governing the use of this site.

INTELLECTUAL AND INDUSTRIAL PROPERTY

Users know that the contents offered – including, but not by way of limitation, texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, and all comments, displays and the html code of same – are protected by intellectual and industrial property laws. The copyright and economic operating rights of this site belong to ELESAPIENS and/or third party entities.

The trademarks, commercial names and distinctive signs that appear on the contents are the property of ELESAPIENS and/or, as the case may be, third-party entities, and they are protected by the industrial property laws in force at the present time.

The provision of the services and publication of the contents shall not imply on any account the assignment, waiver or transfer, whether total or partial, of the title to the pertinent intellectual and industrial rights held by ELESAPIENS and/or legitimate third-party holders.

PRIVACY. The Software collects and uses the following information:

Information You Provide to Us

We receive and store any information you knowingly enter on the Services, whether via computer, mobile phone, other wireless device, or that you provide to us in any other way. This information may include, without limitation, Personal Information such as your name, user name, email address, phone number, profile picture, school affiliation and location, billing and payment information (as it relates to Credit and the Edmodo Store), and any other information necessary for us to provide our Services. If you are a student registrant, the only Children's Personal Information we require is your name and user name; through the functionality of the Services, you may also be permitted to input a profile picture, and an email address or phone number.

If you are a teacher, and you use our referral service to tell another teacher about our Services, we will ask you for that teacher's name and email address.

Information Collected Automatically

We receive and store certain types of usage information whenever you interact with the Services; this information is not Personal Information or Children's Personal Information. For example, Edmodo automatically receives and records information on our server logs from your browser including your IP address, Edmodo cookie information, and the page you requested. We also record the details of your activity on the Services, and the number and frequency of visitors to our site and its components.

When you download our Mobile Application, we automatically collect information on the type of device, name and version of the operating system, name and version of the application, whether the currently logged in user is a teacher, student, or other user type, the numerical mobile device user ID, as well as actions performed by the user in accessing the Mobile Application ("Mobile Usage Information," which is considered part of "usage information" as described above). However, we do not ask you for, access or track any geographic-location-based information from your mobile device (i.e., any information regarding where your mobile device is located on the globe at a particular time) at any time while downloading or using our Mobile Applications. For clarity, this does not prevent us from asking you what school you are affiliated with.

We also use mobile analytics software to allow us to better understand the functionality of our Mobile Application and Mobile Site on your phone. This software may record information such as how often you use the Mobile Application, the events that occur within the Mobile Application, aggregated usage information, performance data, and where the application was downloaded from; this information is considered Mobile Usage Information.

Cookies are alphanumeric identifiers that we transfer to your computer or mobile device to enable our systems to recognize your computer or device and tell us how and when pages in our site are visited and by how many people. Edmodo cookies do not collect Personal Information or Children's Personal Information, and we do not combine the general information collected through cookies with other Personal Information or Children's Personal Information to tell us who you are or what your user name or email address is. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because you may not be able to log in or use many of the Services' most attractive features without cookies enabled. Our partners, affiliates, and service providers may also transmit cookies to your computer or device, to help provide you with an optimal online experience. For example, if you are playing a learning game offered by a Publisher, that Publisher may transmit cookies to you, allowing you to save your game history. The use of cookies by third parties is not covered by this Privacy Policy and we do not have access or control over such cookies.

The Services may also contain electronic images known as web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how the Services are used.

Your acceptance of this Agreement constitutes (a) your consent to the foregoing, (b) your acceptance and agreement to be bound by the privacy policies of Publisher and Edmodo, and (c) your representation that you have obtained appropriate consents to the foregoing disclosures from parents of any child to which the foregoing information relates (for example, you are solely responsible for complying with the Children's Online Privacy Protection Act ("COPPA"), which requires parental consent for online collection of personal information from children under 13; you will obtain advance written consent ("Consent") from all parents whose children will be accessing the Software, and you must keep signed Consents on file and provide them to Publisher or Edmodo upon request). For more information regarding the terms and conditions of the use of any of Edmodo's services, please see Edmodo's Terms of Service, located at http://www.edmodo.com/corporate/terms-of-service."

ELESAPIENS guarantees the confidentiality of the personal data provided by users and the processing thereof in accordance with the laws in force in Spain at the present time governing the protection of personal data: Organic law 15/1999 governing the protection of personal data, passed in Spain on 13th December 1999 (hereinafter LOPD) and Royal Decree 1720/2007, passed on 21st December 2007, approving the regulations implementing the LOPD (hereinafter, RDLOPD). The personal data collected over the website shall be incorporated into one or several data processing procedures or files for which ELESAPIENS is responsible. For said purpose, prior to delivering their personal data over this website, users shall be provided with information on the content of the processed files in accordance with section 5 of the LOPD without prejudice to the possibility for users to access our Privacy and Personal Data Protection Policy. The foregoing information enables users to grant their informed and unequivocal consent so that ELESAPIENS may proceed to process their personal data.

TERMINATION

Even though, initially, the term of this site is open-ended, ELESAPIENS reserves the right to suspend or terminate the provision of some or all of its services without being required to give users prior notice of such a decision.

GOVERNING LAW AND JURISDICTION

These general terms are governed by the laws of Spain.

The parties, while expressly waiving their own jurisdiction, submit to the courts of Madrid (Spain) for the resolution of all such litigation that might derive here from.